New Delhi: In a setback for Shiv Sena (UBT) camp, Maharashtra Assembly Speaker Rahul Narwekar, while pronouncing his verdict on the cross-petitions filed by both factions of Shiv Sena seeking disqualification of each other’s MLAs on Wednesday, ruled that the faction led by Eknath Shinde was the "real Shiv Sena" when the rival groups emerged in 2022.
While reading out the verdict, the Maharashtra Speaker said that the 1999 constitution of Shiv Sena has to be taken into account as the amended 2018 constitution was not before Election Commission. The last relevant constitution of the Shiv Sena with the ECI was the one in 1999 and not the 2018 one, the Speaker said.
"I will have to decide the relevant constitution to be taken into account to the leadership structure that existed before the dispute. The 2018 amended constitution of Shiv Sena cannot be considered as valid as it's not in the records of the Election Commission of India. As per Supreme Court orders, I can not delve into any other factor on which the constitution is valid. As per records, I am relying on the 1999 constitution of Shiv Sena as the valid constitution,” he said.
There were 34 petitions filed by both sides against 54 MLAs.
The Speaker further observed that Shiv Sena pramukh had no power to dismiss any leader.
“The 2018 leadership structure (submitted with ECI) was not as per the Shiv Sena Constitution. Shiv Sena party chief as per the party Constitution cannot remove anyone from the party. So, the removal of Eknath Shinde by Uddhav Thackeray in June 2022 is not accepted based on the Shiv Sena Constitution,” Narwekar said.
Speaker Rahul Narwekar also noted that evidence and records prima facie indicated that no election were held in 2013 and 2018.